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KICE INDUSTRIES INC v. AWC COATINGS INC.

No. 01-1359-JTM.

255 F.Supp.2d 1255 (2003)

KICE INDUSTRIES, INC., Plaintiff, v. AWC COATINGS, INC., the Glidden Company, d/b/a ICI Paints, and Insl-X Products Corp., Defendants.

United States District Court, D. Kansas.

April 3, 2003.

Attorney(s) appearing for the Case

J. Michael Kennalley, Jeffrey B. Hurt, Martin & Churchill, Wichita, KS, Wichita, KS, for Plaintiff.

J. Eugene Balloun, Shook, Hardy & Bacon L.L.P., Overland Park, KS, B. Kirsten Ehlen Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

The present case involves allegedly defective paint. Plaintiff Kice Industries has brought the action against defendants AWC Coatings, Inc., The Glidden Company and Insl-X Products Corporation. Glidden and Insl-X are manufacturers of paint. AWC sells paint. Kice alleges that both Glidden and Insl-X are liable for negligence and breach of implied warranty of merchantability, and that Glidden is additionally...

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